Yashodabai Krushna Pandhare v. The Collector, Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO.4008 OF 2020 IN FAST/7085/2019 YASHODABAI KRUSHNA PANDHARE

VERSUS

THE COLLECTOR, JALGAON AND OTHERS ...

Advocate for Applicant : Mr. Y. R. Neb h/f.

Mr. Kale Ajeet B.

AGP for Respondents - State : Mr. A. A. Jagatkar Advocate for Respondent Nos. 3 and 4 : Mr. Narwade V.P. and Ms.M.V. Narwade ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01.08.2022 PER COURT :

.

Heard rival submissions.

2.

The applicant claimed that she is poor lady and her only source of income i.e. the land has been acquired. Thus, she could not fle the appeal against the L.A.R. No.304/2009 decided by an award dated 8th October,2014.

3.

The learned counsel for respondent Nos. 3 and 4 acquiring body strongly opposed the application since proper

explanation for condonation of delay is not there in the application. The learned AGP also raised objection. 4.

Admittedly, there appears inordinate delay of 1513 days in preferring the appeal. However, the Honourable Apex Court has observed in many cases that in cases of land acquisition, the delay needs to be liberally dealt. In view of the same and for the reasons mentioned in the above, the application stands allowed and delay of 1513 days is hereby condoned subject to condition that applicant shall not claim any interest for the said period of delay.

5.

Appeal be placed for admission after removal of ofce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE .....

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